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HomeMy WebLinkAbout11-22-04 PZMLAKE ELMO PLANNING COMMISSION MEETING MONDAY, NOVEMBER 22.2004 7:00 P.M. Lake Elmo City Council Chambers 3800 Laverne Avenue North Lake Elmo, MN 55042 1. Pledge of Allegiance 2. AGENDA 3. MINUTES:November 8, 2004 4. PUBLIC HEARING: 2005-2009 Capital Improvements Program 5. Comprehensive Plan — Council Member Johnston 6. Home Occupation Definition 7. City Council Update 8. Adjourn APPROVED: DEC. 12, 2004 City of Lake Elmo Planning Commission Meeting Minutes of November 22, 2004 Chairman Helwig called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Armstrong, Roth, Johnson, Sessing, Sedro, Schneider, and Deziel (7:04 p.m.). STAFF PRESENT: Administrator Rafferty, Planner Dillerud, and Finance Director Bouthilet. ALSO PRESENT: Councilmember Johnston. Agenda M/S/P, Sedro/Sessing, To accept the Agenda as presented. VOTE: 7:0. Minutes of November 8, 2004 Commissioner Sedro said that her comments at the bottom of page 4 and top of page 5 should read the opposite of what was typed. She disagrees with the appearance of the facade and said it is not surfaced with the same metal. She asked that the portion on page 5 be deleted. M/S/P, Sessing/Sedro, To accept the Minutes of November 8, 2004 as amended. VOTE: 7:0:1 (Abstain: Johnson). Public Hearing: Capital Improvement Program 2005 — 2009 The Planner introduced the annual review of the five-year plan. He said the Water Supply, Wastewater, and Surface Water Utilities are three Enterprise Funds which are independent of the General Fund and not dependent on ad valorem taxes. These funds are only dependent on revenues from the funds themselves, i.e., water bills, connection charges, and surface water fees. The Planner explained that the Surface Water portion of the CIP as presented, does not address some discussion at the weekend workshop for the $2 million project. He said it is probably early, and the Planning Commission will be addressing it in the future. The Planner noted that the Tax Abatement Account in the past was earmarked to fund Old Village improvements. However, of the five years it has been in place, the city has only levied it once. Council will decide if the city is going to continue with Tax Abatement. He explained that it is too late to do anything regarding Tax Abatement for 2005 since the City's levy is already certified but the City's Tax Abatement Program is a ten-year program so the City will need to look at it for the future. The Planner said the large negative fund balances for fire equipment and other areas can be explained. The City might have to bond in the future or look at alternatives such as lease purchase for large equipment. The Fire Study is in progress, and that could result in the city not requiring all of the equipment reflected in the 2005-2009 CIP. Commissioner Roth noted a discrepancy on page 5 under Fire Equipment regarding the year of purchase for the tanker truck. The Finance Director responded that the year of purchase was originally in 2006, but was later moved to 2005. He assured the Commission that he will correct the CIP to reflect the proper date. Commissioner Johnson asked if the replacement year for the tanker/pumper is 2006. Lake Elmo Planning Commission Meeting Minutes of November 22, 2004 1 APPROVED: DEC. 12, 2004 Administrator Rafferty said that we have a tanker/pumper and we also have a tank we thought had served its usefulness but we invested a few dollars to restore it. Commissioner Deziel asked if there was a reason the Tax Abatement tax was not levied. The Planner said that in 2004 the Council preferred not to levy it, and instead moved funds from the General Fund Surplus to the Tax Abatement Account in the amount of $75,000. That was not done yet in the 2005 Budget, but could still be done if the Council chooses to. He noted that the Statute governing Tax Abatement requires a convoluted approach to the levy that was not found acceptable to the Council for 2004. Staff did not even suggest the levy approach for 2005, based on the 2004 Council action. Commissioner Deziel asked who benefits. Would the taxpayer or county benefit? The Planner said that the City does not adjust the levy to a property owner. The property owner sees no benefit whatever Instead the City adds on a special levy on the entire City equal to the local share of the tax payable by the properties within the Tax Abatement District. Commissioner Deziel said that essentially it is a tax not on new properties but across the entire tax base. The Planner said the state mandates that Tax Abatement be done in this manner. The term Tax Abatement is really an unfortunate misnomer that implies that the property owners are relieved of paying taxes. While that is possible under the Law, that is not how Lake Elmo's Tax Abatement District is structured. The property terms are "Economic Development Tax Abatement" for the strategy Lake Elmo adopted in 1999 on Eagle Point Business Park. Commissioner Roth asked whether the Dump Truck for Public Works for $130,000 is new or replacement. Administrator Rafferty said it is a replacement truck for the 1986 Ford. It has a box, it plows, and sands. The Planner said that the Maintenance Advisory Commission (MAC) reviews the Equipment Schedules. They physically look at the equipment. Just because an item is budgeted to be replaced in a certain year does not mean it gets replaced if it continues to be cost effective in the fleet. Administrator Rafferty said the MAC has physically inventoried all the equipment during its review of the CIP proposals. Commissioner Deziel said that the fire department runs trucks when an ambulance is called, even when there is no fire call. He said that mileage is a consideration, and wondered if that is appropriate. He reported that he has a relative in a fire department where they converted a standard truck into a fire truck. They found it to be cheaper because of off -the -shelf replacement of parts and the maneuverability to get around. Now they use the little truck on 90% of their calls, leaving the hook and ladder behind, at one -fifth of the cost. The Planner said that equipment considerations are part of that on -going Fire Study. Lake Elmo Planning Commission Meeting Minutes of November 22, 2004 2 APPROVED: DEC. 12, 2004 Administrator Rafferty explained that the Fire Study considers our relationships with our neighboring communities. That can be a far more complex outcome that will probably take more than one year to implement but those discussions are taking place. Those relationships have implications to equipment, variables, and potentials, and they are all being considered. Commissioner Deziel asked why we are budgeting $350,000 next year when it may not be necessary. Administrator Rafferty explained that is why a pumper/tanker is being considered. Any decisions will take a number of years. If we are to be a player and partner in the long term, we have to come with a well-equipped viable service to be a decision maker in the process. That is how we are positioning ourselves. Commissioner Schneider said the Stormwater Utility Billing seems to be a fund that benefits only the Old Village. The Planner said that while the 2005-2009 Stormwater CIP includes many Old Village improvements, every subdivision approved by the City has a stormwater pond with a maintenance responsibility to the City. In future years all of those ponds and appurtenant conveyance structures will require silt removal and other maintenance/replacement work. Commissioner Schneider asked why every property owner should have to pay it if they don't have drainage problems. The Planner said that all property contributes run-off in some manner. Those on `the top of the hill' contribute drainage problems at 'the bottom of the hill.' Even though a property owner may not consider themselves at the top of an obvious hill, in the Big Picture of natural drainage areas, they may well be. Commissioner Deziel asked if this CIP corresponds with the City Engineer's Old Village Surface Water Report presented on the previous Saturday. The Planner said that only about $500,000 for the Old Village Stormwater improvements is in the plan. It could actually cost $2 million, and it could be staged; e.g., the proposed culvert for under the railroad tracks will cost $190,000, and that would alleviate much of the Old Village flooding. There has been no time to assess how many years it would take to complete the total Old Village drainage solution, or how much the downstream developments would be required to construct as a cost to their projects. Chairman Helwig asked about the study on Civil Defense Sirens. The Planner said that he did the original work on locations but that the Fire Study will review it to confirm how many sirens we need, where, and what size. Commissioner Johnson asked about the Lake Elmo Avenue Streetscapes work that was done and whether it would be incorporated into the Old Village Plan. She asked how the City is going to move forward on the work that has already been done. Lake Elmo Planning Commission Meeting Minutes of November 22, 2004 3 APPROVED: DEC. 12, 2004 The Planner replied that at a recent Council Workshop, direction was given for the City to solicit proposals for a consulting master planner to prepare a strategy that would blend the completed planning work (including the Streetscapes Plan) on both the existing Old Village and the undeveloped part of the Old Village. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:38 P.M. No speakers came forward. THE CHAIRMAN CLOSED TFIE PUBLIC HEARING AT 7:39 P.M. M/S/P, Armstrong/Sessing, To recommend the Capital Improvements Program 2005-2009 as presented. VOTE: 8:0. Comprehensive Plan Discussion — Dean Johnston Councilmember Johnston said that the city has a June 30 deadline for submission of a modified Comprehensive Plan to the Metropolitan Council. He said he thinks there might be some conceptual things the Planning Commission could be doing while the negotiations continue. He distributed two pages of information that he said helped him to understand the process. The information was based on the Met Council's proposed population plans and Regional sewer plans. Councilmember Johnston said that juggling those Met Council numbers along with acreage remaining in Lake Elmo, helped him reach the conclusion that there is a solution for maintaining rural character. He proposed that senior housing would offer the desired high density while having minimal impact on traffic and schools. He reported that builders he has spoken with suggest a marketable density figure for senior housing would be five to seven units per acre. He believes that would be a desirable solution. Councilmember Johnston said that many of residents he spoke with who live south of 10th Street have a fatalistic attitude that the density will come to their area of the city, and they were willing to accept senior housing as a solution. Councilmember Roth said that planning this much density south of 10th Street is putting the cart before the horse. Chairman Helwig asked Councilmember Johnston's definition of "Rural Character." He asked if it included rural odors. Councilmember Johnston replied that 1 — 3 acre lot sizes and manmade odors versus mechanical odors define rural character to him. Councilmember Johnston reminded the Commission that he has not participated in discussions with the Metropolitan Council; these are just his ideas for a framework. Commissioner Sedro said the public forums held last year resulted in most people wanting senior housing in the Old Village so residents could walk to downtown; the Old Village would have the highest density in the city; and, the Old Village would become a `Place.' She said she thought the Met Council would give us credit for density placed elsewhere than along the Interstate Highway. Lake Elmo Planning Commission Meeting Minutes of November 22, 2004 4 APPROVED: DEC.12,2004 Councilmember Johnston said the Old Village Plan discussed the addition of only 400 units, and that would only be 10% nominally of what we might be required to plan for. Commissioner Seclro said that she would rather see the density in the Old Village than stretching infrastructure along the edge of the City. Commissioner Armstrong said the Metropolitan Council is concerned about sewer capacity but the City still controls things in this process. The City writes its Zoning Code, and it controls Performance Standards as development patterns fill in. The City should be allowed a range of density to buffer existing residents. If at the end of the process in 2040 the City has only come up with 5,000 units- that will have to do. Performance Standards are the style for planning in Lake Elmo. The Planning Commission will play a vital role. It will have time to craft these zones. Commissioner Schneider said if the councilmember's idea is 5,800 senior housing units in Lake Elmo, all south of 10th Street along with 1300 jobs- that is too large a number. He agrees with Commissioner Armstrong to plan it Lake Elmo style. Chairman Helwig thanked Councilmember Johnston for his input. Administrator Rafferty said that he thinks what Councilmember Johnston is suggesting is to set a framework for the Planning Commission. There will soon be a lot of work. The intent is to establish key issues which could include Regional sewer volume and Population. He thanked Councilmember Johnston for a good initial presentation on the subject. HOME OCCUPATIONS Commissioner Sessing recused himself from the discussion and left the table for the remainder of the meeting. The Planner explained that the matter at hand began because a resident has been conducting a home occupation in a Rural Residential Zone. The Zoning Code does not allow home occupations in RR even though they are allowed in nearly all the other residential zones. He reported that the City Attorney researched all previous versions of our Zoning Code, and it appears the same in all without explanation. The Planner said that a violation notice was issued to the resident who appealed it to the Board of Adjustments and Appeals. The Council heard the appeal and asked the Planning Commission to review the code and determine if it should be changed to allow home occupations in the RR Zone. The Planner said that the definition of home occupation includes stock in trade, and the Planning Commission may wish to address that as well. Commissioner Deziel asked if Home Occupations are allowed in OP Districts. The Planner said they are not. M/S/P, Johnson/Sedro, To direct staff to publish notice to include Home Occupations in all of the Residential Zoning Districts. VOTE: 7:0. Lake Elmo Planning Commission Meeting Minutes of November 22, 2004 5 APPROVED: DEC. 12, 2004 Commissioner Johnson said the Commission looked at changing regulation of home occupations when work was being done on the new Zoning Code. M/S/P, Johnson/Deziel, To direct staff to pull Best Practices from other cities for the Commission to review, and to inquire of Julie Bunn if she would be willing to act as a volunteer to facilitate the discussion of the definition of and inclusion of Home Occupations. VOTE: 7:0. City Council Update The Planner reported that the City Council approved the CUP for a Family Entertainment Center with the added condition that the applicant soften the visual impact of the facade and present a new elevation. The applicant agreed. The Planner said the Council accepted the feasibility study for the Old Village Water System (as reflected in the CIP) with the extension of city water to Tapestry and to the old Public Works and construction of a 500,000 gallon water tank. This would allow the city to take Lake Jane residents and those along Highway 5 off Oakdale water. It will also include major reconstruction to Well No. 1, the pump house, etc. but there is no timeline for it as yet. Commissioner Schneider noted that $1 million is indicated for the water tank. Commissioner Sedro asked what drove the residents on Oakdale water to be moved to Lake Ehno water. The Planner said there is no economy to the City water system by contracting with Oakdale for the City's Lake Jane Area customers. Administrator Rafferty said that the studies show the present 75,000 gallon City water tower is inadequate. The combination of work proposed provides and protects the City's water system now and into the future. We presently have the opportunity to finance it through the new customers. The Planner said that Bob Engstrom came back with his minor subdivision after changing the two lots to 3/a acre each. That will go to the City Council on December 7, 2004. The meeting was Adjourned at 8:30 p.m. Respectfully submitted, Kimberly Schaffel Recording Secretary Lake Elmo Planning Conunission Meeting Minutes of November 22, 2004 6 r CITY OF s LAKE ELMO N City of Lake 651 /777-5510 3800 Laverne Avenue North / Lake Elmo, MN 55042 LAKE ELMO PLANNING COMMISSION MEETING MONDAY. NOVEMBER 22.2004 7:00 P.M. Lake Elmo City Council Chambers 3800 Laverne Avenue North Lake Elmo, MN 55042 1. Pledge of Allegiance 2. AGENDA 3. MINUTES:November 8, 2004 4. PUBLIC HEARING: 2005-2009 Capital Improvements Program 5. Comprehensive Plan — Council Member Johnston 6. Home Occupation Definition 7. City Council Update 8. Adjourn tat, printed on recycled paper